For the second time in less than a month, the City government
expanded its complaint before the Supreme Court of Justice
against the National Executive Power, to demand that the Banco Nación account be seized to collect
a debt that already amounts to 57,000 million pesos
as a result of the new percentage of co-participating funds that was ordered by the highest court last December.
Until now,
the national government has refused to transfer that amount in cash
and offers a bonus that rejects the management of Horacio Rodríguez Larreta.
"As expressed in our previous presentations, the non-compliance with the precautionary measure ordered" by the Court on December 21, 2022, begins the document signed by the City Attorney General and to which Clarín agreed
.
The transfers made to the City continued to be for an amount in pesos equivalent to 1.40% of the mass of co-participating funds, and
not the 2.95% provided in the ruling of the highest court.
Given this circumstance, the administration of Horacio Rodríguez Larreta indicated in the judicial document that the only way to pay the taxes is "by depositing a sum of money. These taxes paid in pesos are those that constitute the co-participating mass to be distributed." thus rejecting Alberto Fernández's proposal to pay said funds with the issuance of bonds.
In this regard, the expansion of the complaint before the Court for non-compliance with the ruling maintains that "there is no doubt that both the National Constitution and Law 23,548 refer to the distribution of the pesos entered, which takes place in accordance with the guidelines established in the law , and in the case of the CABA, this
has to be according to the percentage that arises from the precautionary measure", that is, 2.95%.
From the information provided by the Undersecretary of Finance of the Ministry of Finance of the City, the total amount owed "for non-compliance with the precautionary measure amounts to 57,587,171,606.89 pesos as of March 23, 2023," reported the General Attorney of the City
Gabriel Astarloa.
Based on these figures, it was reiterated that "the requested enforceable measure be ordered, that is to say,
daily embargo
of the amount corresponding to 1.55% of the mass of co-participating funds, which must be deducted from the amount that corresponds to it. to the Nation in the primary distribution and order the Banco de la Nación Argentina".
We reiterate: the financial entity on a daily and automatic basis transfers to the City of Buenos Aires, 1.40% before a ruling of the Court that ordered to pay 2.95%.
For this reason, in the expansion of the complaint, the request for an injunction to Banco Nación was reiterated to "comply with the transfers in the percentage, form and time in which they were ordered" by the Court.
Last December, the City's Ministry of Finance sent a note to the Banco de la Nación stating the breach "in which the entity was incurring" for continuing to deposit 1.4% and not the 2.95% ordered by the Court when making room for the precautionary measure filed by the Buenos Aires administration.
It must be remembered that
the City demands that the 3.5%
that it had been receiving until September 2020 be restored. This issue, considered the substance of the discussion, has not yet begun to be discussed in Court.
The claim includes the money not received during these years that amounts to
252,000 million pesos.
With this background, the City received an immediate response from the Banco Nación in which it was indicated that it automatically transfers according to the "provided in article 6 of law 23,548 to each province the amount of collection that corresponds to it, of according to the percentages established in said law and subsequent amendments".
Thus they justified continuing to deposit 1.4% to the CABA.
For the Attorney General, in charge of Astarloa, said criterion
fails to comply with the provisions of the Court
.
criminal case
While this claim is being processed in the highest court, in Comodoro Py a file is open in which Rodríguez Larreta denounced the President of the Nation, the Minister of Economy, Sergio Massa,
and
other members of the Cabinet for non-compliance with the Court's ruling.
The presentation before the criminal jurisdiction is against the officials, "including those who are part of the Ministry of Economy and the Ministry of the Interior of the Nation who have been notified of the judicial resolution", which forced them to pay more than 1,050 million pesos daily as co-participation to the City.
Far from that figure,
the Buenos Aires administration continues to receive 500 million pesos daily
, that is, the amount corresponding to the old percentage that the Court ordered to be modified.
The updated figure with the percentage of 2.95% ordered by the Court accumulates 57,000 million pesos that the Nation did not remit to the Buenos Aires coffers.
The complaint against Alberto Fernández and part of his cabinet indicates that the "disobedience committed by the Executive Power" to a ruling by the highest court "affects different criminally protected legal rights", invoking under the protection that Horacio Rodríguez Larreta was right with his claim.
The file is delegated to the prosecutor's office in charge of
Ramiro González,
who in the first instance requested the Court to send the ruling that was signed unanimously giving rise to the precautionary measure filed by the City.
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